Ordinance 1650 - Zoning with PUD Placeholder - Gardner Investments LLCReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
IIIIVIIIIIIIIDIIIuiIIflllIUIIINIIInIIIVIIIVIIIVIIInIII�IIIVIIINIII�lllulll
Paula Robinson, Flathead County MT by [F
ORDINANCE NO, 1650
200800033994
Page: 1 of 5
Fees: $55. oo
12/18/2€ 08 4:05 PM
AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAT', CITY OF
KALISPELL .ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1, 1F9 6, 6I AND
LOTS 1 AND 2 OF THE VIER.GENTHALER SUBDIVISION LOCATED IN SECTION 28,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M,M., FLATHEAD COUNTY, MONTANA;
AND TRACT 7C AND LOTS 4 AND 5 OF THE LOST CREEK SUBDIVISION LOCATED
IN SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M. ,, FLATHEAD
COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY I-1 H (LIGHT INDUSTRIAL -
HIGHWAY)) TO CITY B-5 (INDUSTRIAL/COMMERCIAL) WITH A PLANNED UNIT
DEVELOPMENT PLA.CEHOLDER IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS, Gardner Investments, LLC, the owners of the properties described above, petitioned
the City of Kalispell that the zoning classification attached to the above described
tracts of land be zoned B-5, Industrial/Commercial, with a Planned Unit
Development placeholder, on approximately 81.59 acres of land, and
REAS, the properties are located on the east side of highway 93 south between the
intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline
Lane, and
EREAS, the petition of Gardner Investments, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-08-05, in which the Kalispell
Planning Department evaluated the petition and recommended that the properties as
described above be zoned B-5. Industrial/Commercial with a Planned Unit
Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and
EREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 14,
2008, and recommended that the zoning be City B-5, Industrial/Commercial with a
Planned Unit Development placeholder, pursuant to Kalispell City Code
72.21.030(2)(b), and
is
Fee..gss oaa
Paula Robinson, Flathead County MT by KF 12/38/30069:05 PM
WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as
described B-5. Industrial/Commercial, with a Planned Unit Development
placeholder, the City Council finds such zoning to be consistent with the Kalispell
Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-
6085 M.C.A., and States Etc. v. Board of County Commissioners, Etc. 590 P2d 6021
the findings of fact of KPD as set forth in Staff Report No. KA-08-05.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the official zoning Map of the Kalispell zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
properties described above as B--5, Industrial/Commercial with a Planned
Unit Development placeholder on approximately 81.59 acres of land.
SECTION II. Further development upon the subject property will require a Planned Unit
Development application and a developer's agreement with the City of
Kalispell.
SECTION III. The balance of Section 27.02.010, official zoning Map, City of Kalispell
Zoning ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA., THIS 1ST DAY OF DECEMBER, 2008.
ATTEST:
\4,,ALISP�
cowO
10
t7
Theresa White
C t yClerk
lo
by
Aso
�����
ll�llllul�ll�llllllYlllllllulil�l lllllu 1111lll Page: of59<
Paula Robinson,,Flathead County MT by KF 12/18/2008 a505 PM
EXHIBIT "A"
Tract 6 (Tract 1 of Certificate of Survey 17238)
Beginning at the Northeast corner of the Northwest Quarter of the Southwest Quarter of Section
28, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana, which is a found
iron pin; thence .along the East boundary of said NW 114SW 114 South 00°09' 5 8" East 920.64 feet
s
to a found iron pin; thence South 30°50' 14" West 465.57 feet to a found iron pin; thence South
00°05'42" west 904.78 feet to a set iron pin; thence North 89°54'21" West 316.79 feet to a
found iron pin; thence
South 00°06'59" west 418.85 feet to a found iron pin on said South boundary of Section 28;
thence along said boundary North 89°54'21" west 60 feet to a found iron pin; thence North
00°06'59" East 659.94 feet to a found iron pin; thence North 00°05'42" East 663.04 feet to a
found iron pin; thence
North 00'00' 15" west 659.95 feet to a found iron pin; thence North 89°59'07" East 21.57 feet to
a found iron pin; thence North 00' 16' 05' west 1933.54 feet to a found iron pin on the southerly
right of way line of a county road known as Lower Valley Road; thence along said right of way
line South 88°47'36" East 596.68 feet to a found iron pin; thence leaving said right of way line
South 00°09'58" East 1260.51 feet to the point of beginning and containing 42.940 acres.
Tract 6I Tract 2 of Certificate of Survey 14830
A tract of land situated, lying, and being in the Southwest Quarter of the Northwest Quarter
(SWI/4NW1/4) and in the North Half of the Southwest Quarter of Section 28, Township 28
North, Range 21 west P.M.M., Flathead County, Montana, and more particularly described as
follows:
Commencing at the Southeast corner.of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana; thence
along the East boundary of said SW 114NW 114, North 00°09' 5 8" west 1260.51 feet to a found
iron pin on the Southerly right of way line of a county road known as "Lower Valley Road";
thence along said right of way line, North 88°47'36" west 596.68 feet to a found iron pin; thence
leaving said right of way, South 00' 16' 05" East 299.82 feet to a found iron pin and the True
Point of Beginning of the tract of land herein described; thence continuing South 00° 16' 05' East
1633.72 feet to a set iron pin; thence South 89059'07" west 681.55 feet to a found iron pin on
the Easterly right of way of U.S. Highway -No. 93; thence along said right of way, North
00°09'41" East 561.87 feet to a found iron pin; thence leaving said right of way South 89'54'26"
East 449.93 feet to a found iron pin; thence North 00°01 ' 31 " west 627.03 feet to a found iron
pin; thence North 0097" 05" west 450.50 feet to a found iron pin; thence South 88°46' 51 " East
224.96 feet to the Point of Beginning.
Tract 1 ,Tract 2 of Certificate of Survey No. 6628�
A tract of land situated, lying, and being in the Southwest Quarter of the Northwest Quarter
(SWI/4NW1/4) of Section 28, Township 28 North, Range 21 west P.M.M., Flathead County,
Montana, and more particularly described as follows:
IIII II I IIIII III II IIII II II II �II II II Vage�4 of 5994
Fees: $55.00
Paula Robinson,Flathead County MT by Kv as/aeooe a:os vn
Commencing at the Northwest earner of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana, which is a
found iron pin; thence South 00°04'49'' East, and along the West boundary of said
SW 1 /4NW i /4, a distance of 30.01 feet to a paint; thence South 88'35'00" East, 30.01 feet to a
point on the Easterly right of way line of U.S. Highway No. 93; thence South 00°04'49" East,
and along the East right of way line of said Highway No. 93, a distance of 406.03 feet to a set
iron pin and the True Point of Beginning of the tract of land herein described; thence North
89°55'56' East; 468.82 feet to a set iron pin; thence South 00°05'00" East, 356.61 feet to a set
iron pin; thence South 89°57'30", West, 450.10 feet to a found iron pin on the Easterly right of
way line of said U.S. Highway No. 93, which point is on a 2,925.00 foot radius curve concave
Southwesterly. (having a radial bearing of South 8996' 16" West); thence along said right of
way line in a Northwesterly direction through a central angle of 6'10'52" with an arc length of
315.56 feet to a set iron pin; thence North 00°04'49" West, and continuing along said right of
way line, a distance of 41.56 feet to the Place of Beginning.
Tract 1F (Tract 1 of Certificate of Survev No. 6628�
A tract of land situated, lying, and being in the Southwest Quarter of the Northwest Quarter
(SWI/4NWI/4) of Section 28, Township 28 North, Range 21 West P.M.M., Flathead County.
Montana, and more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a
found iron pin; thence South 00°04'49" East, and along the West boundary of said
SW 114NW 114, a distance of 30.01 feet; thence South 88°35'00" East, 30.01 feet to a found iron
pin on the Southerly right of way line of the deeded county road known as "Lower Valley Road"
said point being the True Point of Beginning of the tract of land herein described; thence South
88°35'00" East, and along the South right of way line of said Louver Valley Road, a distance of
468.96 feet to a set iron pin; thence South 00°05' 00" East, 393.87 feet to a set iron pin; thence
South 89055' 56" West, 468.82 feet to a set iron pin on the Easterly right of way line of U.S.
Highway No. 93; thence North 00°04'49" West, and along the Easterly right of way line of said
Highway No. 93, a distance of 406.03 feet to the Place of Beginning.
Tract 7C
That portion of the North Half of the Northwest Quarter of Section 33, Township 28 North,
Range 21 West, P.I.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of said Section 33; thence along the North boundary line
of said Section 33, South 89°56'04" East 43.01 feet to a point on the East right of way line of U.
S. Highway No. 93, said point being the Point of Beginning; thence along the North boundary
line of said Section 331 South 89°56'04"East 1320.03 feet; thence South 00°03'56" West 330.00
feet; thence North 89°56' 04" West 1320.03 feet to a point on the East right of way line of U. S.
Highway No. 93; thence along said right of way line North 00°04' 14'' East 330.00 feet to the
point of beginning.
IIII �IIIIIIIIYIIIIIIIIII�IIIIIIIII II Page: of594
Fees: $55.00
Paula Robinson, Flathead county MT by KF 13/18/2008 4:05 PM
Excepting Therefrom; that portion conveyed to the State of Montana for public highway
purposes as granted in Deed recorded June 1, 1948 AND that portion lying Within the right of
Way of Highway No. 93 as disclosed in the Amended Judgment and Final order of
Condemnation to the State of Montana, Montana Department of Transportation, recorded
November 6, 2000, instrument No. 2000-311-1.4300, records of Flathead County, Montana.
Together with
Lots 1 and 2 of Merganthaler Sub in Section 28, Township 28 Forth, Range 21 West P.M.M.,
Flathead County, Montana
Lot 4 of Lost Creek Sub in Section 33, Township 28 North, Range 21 West P.M.M., Flathead
County, Montana
Lot-5 of Lost Creek Sub in Section 331, Township 28 North, Range 21 West P.M.M., Flathead
County, Montana EXCEPTING THEREFROM that portion of Lot 5 deeded to the Montana
Department of Transportation in Bargain and Sale Deed, recorded July 12, 1999, as Doc. No
1999-193-08510, records of Flathead County, Montana.